Biden’s New Executive Order Raises Risks for Asylum Seekers

President Biden recently signed an executive order aimed at overhauling the asylum system in the United States. While the order contains some positive provisions, it also includes concerning elements that could put asylum seekers at greater risk.

Positive Provisions:

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Increases access to legal representation:

The order expands funding for legal aid organizations that provide representation to asylum seekers. This is a crucial step, as many asylum seekers cannot afford to hire an attorney on their own. *

Sets new standards for detention conditions:

The order mandates that the Department of Homeland Security (DHS) establish new standards for the detention of asylum seekers. These standards include limits on the length of detention, improved medical care, and access to education and recreation. *

Protects children and families:

The order prioritizes the release of children and families from detention. It also prohibits the separation of families at the border.

Concerning Provisions:

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Expands expedited removal:

The order authorizes DHS to use expedited removal proceedings to deport asylum seekers who are apprehended between ports of entry. Expedited removal allows DHS to deport individuals without giving them a full hearing before an immigration judge. *

Mandates detention for certain individuals:

The order requires DHS to detain asylum seekers who are determined to be “a flight risk” or who have a criminal record. This could lead to the unnecessary detention of individuals who pose no threat to public safety. *

Undermines due process:

The order allows DHS to issue “Notices to Appear” (NTAs) to asylum seekers who have not been apprehended at the border. NTAs require asylum seekers to appear in court at a later date, but they do not provide them with an opportunity to request asylum.

Expert Opinions:

Immigration advocates have expressed mixed reactions to the executive order. While they welcome the positive provisions, they are concerned about the potential negative consequences of the concerning provisions. “This executive order is a step in the right direction,” said Krish O’Mara Vignarajah, president and CEO of Lutheran Immigration and Refugee Service. “But it also falls short of our expectations. The Biden administration must do more to protect asylum seekers and restore their due process rights.” “The provisions in this executive order that expand expedited removal and undermine due process are deeply troubling,” said Jonathan Ryan, senior staff attorney at the American Civil Liberties Union. “These provisions will make it harder for asylum seekers to seek protection in the United States.”

Conclusion:

President Biden’s new executive order on asylum has both positive and negative elements. While it expands access to legal representation and sets new standards for detention conditions, it also expands expedited removal and undermines due process. It remains to be seen how the Biden administration will implement the order and whether it will be effective in protecting vulnerable asylum seekers.Biden’s New Border Policy: Restrictions on Asylum Seekers

Biden’s New Border Policy: Restrictions on Asylum Seekers

Summary:

President Joe Biden has signed an executive order restricting irregular border crossings between the United States and Mexico. The policy, which went into effect on Wednesday, limits asylum applications for those crossing irregularly once a daily threshold of 2,500 crossings is reached over a seven-day period.

Background:

The Refugee Act of 1980 guarantees the right to asylum for noncitizens fearing persecution based on various grounds. Previous policies have been criticized for allowing large numbers of asylum seekers to enter the country illegally.

Restrictions:

* Undocumented people crossing irregularly will be ineligible for asylum, with exceptions for unaccompanied children, victims of trafficking, and medical emergencies. * Expedited removal proceedings will be initiated for detainees, with asylum interviews held to a higher standard than before. * Applicants must demonstrate a “reasonable possibility” of persecution or torture in their home country to qualify for asylum.

Implications for Mexico:

* Local authorities fear shelters will be overwhelmed and chaos will ensue at the border. * Mexico is already receiving monthly deportations of citizens from other countries under an agreement with the United States. * Experts believe the recent reduction in border crossings is temporary and unsustainable.

Impact on Asylum Seekers:

Asylum Access México and Asylum Access Global express concern that the restrictions will increase risks for asylum seekers and potentially place them in danger upon return to their home countries.

Alternative Measures:

* Restrictions do not apply to those requesting asylum at ports of entry or through government-run programs. * Unaccompanied minors, victims of trafficking, and individuals with serious medical emergencies are also exempt.

Conclusion:

The new border policy aims to address irregular migration but has raised concerns about access to asylum and the well-being of displaced individuals.

Executive Order Raises Concerns for Asylum Seekers

President Biden’s recent executive order aims to expedite the asylum process but has sparked concerns among advocates. The order allows asylum officers to make credible fear determinations at the border, potentially streamlining the process for legitimate asylum seekers. However, critics argue that empowering immigration officials with the sole authority to make such decisions can lead to increased denials. Asylum seekers often face complex circumstances that require careful consideration by experienced judges, rather than swift determinations. The order also modifies the “safe third country” agreements, which prohibit people from seeking asylum in the United States if they have already passed through another safe country. Critics believe this may force asylum seekers to return to hostile or dangerous places. Additionally, advocates are concerned about the order’s potential impact on the rights of unaccompanied children. The order requires the Department of Homeland Security to transfer these children to a suitable placement within 72 hours, raising concerns that they may not receive necessary care or due process. The order has been justified by the administration as necessary to address the backlog in the asylum system and prevent people from abusing the process. However, critics argue that the measures may undermine the integrity of the asylum system and make it harder for people fleeing persecution to find safety. The executive order is likely to face legal challenges, with immigrant rights groups expressing their intent to sue. The outcome of these legal battles will determine the ultimate impact of the order on asylum seekers.